Vitamin Shoppe Gets Weight Control Supplement Suit Tossed

Vitamin Shoppe Inc. won dismissal of a proposed class suit alleging it falsely marketed “Garcinia Cambogia Extract” as a weight-loss supplement.

Andrea Nathan’s allegations boil down to saying Vitamin Shoppe didn’t substantiate its label claims of “Weight Management” and “Appetite Control,” the U.S. District Court for the Southern District of California said Feb. 12.

The attorney general or a city attorney can sue under California’s consumer protection laws for for lack of scientific substantiation.

But private plaintiffs must allege that advertising claims have “actually been disproved” by pointing to evidence that directly conflicts with the claim, the court said. This ...